Carlos Baos – Challenging a Will

Controlling and manipulating the testator: Understanding Testamentary Deception in the Spanish legal system.

Inheritances can often become contentious issues, with disputes arising over the distribution of assets, their appraisal, and the provisions made by the deceased in his/her will. Disputes surrounding inheritances and will contestations are not uncommon at all. In this article, we’ll explore the concept of testamentary. In other words, the definition, prerequisites, and legal outcome of manipulating the testator.

Testamentary Deceit under Spanish Law and the Highest Court.

The Spanish Civil Code has an entire chapter dedicated to wills. Types of wills. Capacity to grant a will. Formal requirements that a will must meet. In the second section of that chapter, testamentary deceit is mentioned: a will granted through ‘violence, fraud, or deception’ will be null and void. While this is the only specific mention in the code, Spanish Supreme Court rulings have helped shape the understanding of testamentary deceit and its prerequisites over time.

As per the Spanish Supreme Court’s interpretation, testamentary deceit involves the use of cunning language or tactics to induce someone to create a will that differs from what they would have otherwise done. This manipulation usually results from persistent efforts to influence the testator’s intentions and must significantly affect their mindset regarding specific provisions. A causal link between the manipulation and the outcome is necessary.

Establishing Testator Manipulation

To prove the existence of testamentary deceit, certain conditions must be satisfied. First and foremost, the malevolence must be of significant magnitude, surpassing mere acts of kindness or attention aimed at influencing the testator’s intentions. It is imperative to establish a direct cause-and-effect relationship between the manipulation efforts and the contents of the will. Manipulation must be substantiated with compelling evidence, as it is not presumed. Lastly, any means of legally valid proof, including circumstantial evidence, can be employed to corroborate the presence of testator manipulation.

What happens to the will if is established that the testator was manipulated?

If the court determines, based on the evidence presented, that the testator has been manipulated, the will is declared null and void. In cases where a prior will exists, it takes precedence in governing the inheritance. If no other will is found, an intestate succession must be initiated. However, the situation is different in cases of ‘Indignity to inherit’. Another legal concept that we will analyse in future articles and that is closely related to the manipulation of an heir addressed in this article.

Final conclusions

Testamentary deceit, or the manipulation of the testator, is a legal concept that, although not exhaustively detailed in the Spanish Civil Code, has been shaped by legal precedents. At White-Baos Lawyers, we specialise in testamentary law and will contests. If you suspect that a relative has been manipulated into creating a will, please contact us for expert guidance.

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Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

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